- 1 - HC-KAR CNR: KAHC010423152025 NC: 2026:KHC:53302-DB COMAP No. 389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 389 OF 2025 BETWEEN: MR. ASHOK KUMAR, S/O MR. RAMANNA AGED ABOUT 45 YEARS, ALSO KNOWN AS RAMANNA GANDHINAGAR ASHOK KUMAR, PROPRIETOR SRI BALAJI AUTOMATS, NO. 23, KEBBENHALLI MAIN ROAD, SRIGANDADA KAVALU, SUNKADAKATTE, MAGADI MAIN ROAD, BENGALURU 560 091. AND ALSO AT NO. 684, BHAGAVAN NILAYA, 5TH MAIN, BEHIND RTO OFFICE, UPKAR LAYOUT, BENGALURU 560 091. …APPELLANT (BY SRI. SHATHABISH SHIVANNA, ADVOCATE-ABSENT) AND: M/S VISHAL STEEL SUPPLIERS HAVING ITS REGISTERED OFFICE AT NO. /192, 4TH CROSS ROAD, 1ST STAGE, PEENYA INDUSTRIAL AREA , BENGALURU URBAN, KARNATAKA 560 058, REPRESENTED BY ITS PARTNER, MR KARAMJITH RAI SINGLA. …RESPONDENT (BY SRI. MOHD. USMAN SHAIKH.,ADVOCATE) Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423152025 NC: 2026:KHC:53302-DB COMAP No. 389 of 2025 THIS COMAP FILED UNDER SEC.13(1-A) OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.09.2024 PASSED BY THE LEARNED LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,(CCH-90, COMMERCIAL COURT) BENGALURU IN COM. OS NO.1246/2023. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) None appears for the appellant either in the first call or in the revised call. Hence, we have no option but to dismiss the appeal for non-prosecution. Accordingly, the appeal is dismissed for non- prosecution. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE KNM List No.: 1 Sl No.: 35